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2024 Supreme(Raj) 484

MANOJ KUMAR GARG
Hiriya S/o Jagroop – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
For the Appellant : Ms. Yogita Mohnani
For the Respondent: Mr. Mukesh Trivedi, PP

JUDGMENT :

MANOJ KUMAR GARG, J.

1. Instant revision petition has been filed by the petitioners challenging the judgment dated 23.04.2004 passed in Cr. Appeal No.9/2004 by learned Additional Sessions Judge & Special Judge, SC/ST (Prevention of Atrocities) Cases, Bhilwara (hereinafter referred to as ‘the appellate court’) by which the appellate court while dismissing the petitioners’ appeal, upheld the judgment dated 22.03.1996 passed in Cr. Regular Case No.466/1988 by learned Civil Judge cum Judicial Magistrate (West), Bhilwara (hereinafter referred to as ‘the trial court’) whereby, the learned trial court convicted and sentenced the present petitioners as under:-

Offence

Sentence

Fine

Sentence in default of fine

Section 457 IPC

3 years’ R.I.

Rs.500/- each

1 month’s S.I

Section 380 IPC

2 years’ R.I.

Rs.300/- each

1 month’s S.I.

2. All the sentences were ordered to run concurrently and the period spent in judicial custody shall be adjusted in the original imprisonment.

3. Brief facts of the case are that on 20.04.1988, the complainant Harlal has lodged an FIR at Police Station Banera inter-alia alleging that last night he along with his wife and brother-in-l

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